Can anyone tell me if a mortgage lender is about to 'Enforce a Warrant for Possession' (basically eviction), is there a set procedure and how long will it take? For instance if the mortgage company needs to go to court (I think they said this), does the court grant a statutory/legal amount of days before the eviction can take place or can the bailiffs turn up on the day of the court hearing?
A close relative nearly got their house repossessed in the very late
1990's - what happened to her was that the mortgage company served notice to evict, but had to go to court first. The relative went along to the court and with the help of a debt advisor from the CAB, requested that the court grant a stay of 30 days whilst a buyer finalised details on the proposed sale. Was told anyway by CAB that in most circimstances, a stay was allowed on the first request of a mortgage company to reposses a property. Stay was granted for up to 21 days, and then house was sold in that time, much to releif of everyone (house had been on market for 3 years, after owner lost her job but couldn't sell it until the 11th hour).
I went through this as well and was granted 3 suspensions and took quite a time. The court tends to grant them because building societies dont want to appear heartless in the eyes of the court. On one occassion the building society sent someone round to change the locks despite the suspension and the building society had to go an apologise to court for contempt. Make sure you get youself to the local council and tell them the circumstances asap so you become a priority for housing. Its a lousy time but be assured there is life beyond eviction as many thousands find out every year. Best of luck. ps. any court appearance is a small affair in a private room so dont worry about that.
If there is already a warrant, then all they need to do is ask the bailiffs to enforce it and that will not mean going to court. The bailiffs will then notify the occupiers of the date of their appointment.
If there is no warrant, the mortgagor will have to get one at court. There is no requirement to grant a number of days leeway, but a court will often do so. It depends what the reasons given are.
Francis
wrote
Why would the OP (the mortgagor) want to do that?
Sorry, EE. I was rather distracted when I wrote.
Francis
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